interviewing high school kids and putting it on youtube?

gutterball321

Well-known member
If i film some interviews with high school kids for a video that is only going on youtube, is it fine to post or technically illegal unless their parents sign something since they are under 18?
 
I can see that becoming a really bad situation for you really quickly. I would definitely get signed releases from the parents.
 
Thanks, i was hoping since they knew they were on camera or the fact it was filmed like a news piece and the news doesnt need consent forms it could find a loophole. Or it would be youtubes responsibility
 
I work in a high school that does experimental curriculum development, sometimes including still photos or video documentation that may include student "subjects." We also cover school events (sports, clubs, etc.) and post pictures and videos on our web site or in our printed yearbook.

We obtain a blanket release allowing these uses of the students' images and voice recordings from all the parents as part of the registration process for each school year. We usually have one or two students who opt out, so we avoid photographing those individuals or edit them out if necessary.

And this only applies to "official" school activities and publications. If you're doing this as an outside project not presented under the school's name, I'd say you must absolutely obtain a release from both the subjects and their parents for anyone who is recognizable (by image or voice) in your video. Even if you are doing it for the school, you should make sure they have received the needed consent in a process similar to what I described. See their policy in writing!

- Greg
 
Thanks, i was hoping since they knew they were on camera or the fact it was filmed like a news piece and the news doesnt need consent forms it could find a loophole. Or it would be youtubes responsibility

Minors cannot enter into legally binding contracts. Even if they signed a contract or said they agree, it doesn't count which is why their parents have to sign a release for them as their legal guardians. Any parent can ask you to take it down and sue you if you don't. If none of the parents care, then it's moot, but thats' where you stand basically.
 
I just finished doing a promo video for an after school program. It literally
took 3 or 4 months to do the video because of the permissions issue. We had
to get signed releases from the parents of kids that were involved in the
activities so we could film them. We also had to get permission to interview
kids. Some parents gave permission for both interviews and B-roll, others just
one or the other and others didn't want their kids filmed at all. And mostly,
kids just 'forgot' to bring the permission slip home or get it signed, or bring it
back to school, or they lost it. We must have given some kids 15 permission slips.
Then, after the video was all done, I had board members criticize my video.....
not because of the video content, but because of the ethnicities of the kids filmed.
Sorry, but I can only film the kids whose parents gave permission!
Just saying, it's a land mine....it CAN be done and I did get a completed video
finally, but it took a long time and was filled with obstacles. With adults, if
you interview them and they answer your questions, it can be argued that they
knew they were being filmed and gave consent by standing there and answering
questions....although I still get them to sign a release. But with kids,legally you
need the parents permission because a minor can't legally give consent.
 
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HBO came to my high school when I was a freshman. They had the entire student body sign releases several months in advanced. It's a nice video and it would be a shame if a parent saw it and wanted to take legal action.
 
thanks for the help everyone. We only have a couple of the kids interviewed not covered. What about the last couple b-roll shots, is a group shot where their faces are small okay or should i just cut the group photo/shot?
 
thanks for the help everyone. We only have a couple of the kids interviewed not covered. What about the last couple b-roll shots, is a group shot where their faces are small okay or should i just cut the group photo/shot?

Given the modern concern of parents for who takes images, and how they are used, I'd say for any minor in any shot a release is required. The only exception that I'm aware of is in news reporting, and even then for non-breaking news, they will hand out releases and tend to eliminate shots that have identifiable persons who have not signed releases.

Any planned shooting... of film... should have the prep time to get all releases for anyone in the shot.

I've also seen some footage with persons 'fuzzed' out which may eliminate the need for the release, because the individual is no longer identified, unless the activity is so specific that one could extrapolate who the person was... (Like the guy who just ran the winning touch down win... could be identified by that fact, despite having the face or jersey number fuzzed out..).

This 'fuzzing' out is also used for name brands/trademarks, etc. that the producer doesn't have the right, or want to take the time/money to get the right to display.
 
You could get your releases now and hope that everyone in the video as it is now signs it. While contracts are better off signed beforehand, and releases are a form of contract, you'll feel more confident having done it at all and that nothing is going to happen. You'll have a good video that doesn't need to be recut. The students did a service for a worthy cause, so parents should be proud of them participating in the video enough to sign a release.
 
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